Can you answer I don't know in deposition?
Asked by: Aubree Gibson MD | Last update: September 23, 2023Score: 4.9/5 (34 votes)
Instead the better practice is to say “I'm not sure” or “I don't know.” If you are unsure about an answer you cannot then answer the question. That's guessing …
Is it OK to say I don't know in a deposition?
Only answer the question if you know the answer. “I don't know” is a perfectly good responses (as long as it's the truth). “I don't remember,” “I don't recall,” and “I don't recall at the present time” are all perfectly good responses.
What questions can you refuse to answer in a deposition?
Private information. You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own).
Can witness say I don't remember?
Rule number six: If you don't remember, say so. A witness can only testify to what he or she clearly remembers. This is not what we're used to. In our normal conversations, we rarely say just, "I don't recall" and then stop.
What should you not say in a deposition?
- Guessing or Speculating on Things. ...
- Saying Things Out of Anger. ...
- Rambling. ...
- Speaking in Absolutes. ...
- Stick to the Facts. ...
- Take Your Time When Answering Questions. ...
- Use “Yes” or “No” Answers Whenever Possible. ...
- Get Through Each Question on Its Own.
The POWER of Saying "I DON'T KNOW" During Your Pretrial Deposition and Trial; NY Attorney Explains
What happens if you give the wrong answer in a deposition?
Whatever is said in the deposition can be taken as evidence during trial. When you give your testimony at this deposition, and you have said something in error, then you can correct it before your case goes to trial.
Do you have to tell the truth in a deposition?
Since a deposition is considered sworn testimony, you are expected to answer each question and tell the truth. You swear an oath to give honest answers to the questions the attorney asks.
Can you refuse to answer as a witness?
If a witness refuses to answer a question or to produce evidence based on a claim of the privilege against self-incrimination, a judge may grant immunity to the witness under (c) or (d) and order the question answered or the evidence produced. (Subd (b) amended effective January 1, 2007.)
What is the 3 witnesses rule?
It is at this point in which the presence of the three witnesses is most needed, as it is their presence at the time of seizure and confiscation that would belie any doubt as to the source, identity, and integrity of the seized drug.
Can a witness refuse to tell the truth?
Refusing to testify, or refusing to testify truthfully, is a violation of the subpoena that got the witness onto the stand, said lawyer and former Suffolk County Sheriff Andrea Cabral. “A subpoena for a witness requires the witness to appear and give testimony,” Cabral said.
What is the best way to answer a question in a deposition?
Be honest. It's important to always tell the truth during a deposition, even if you think the answer may not be favorable to your case. Lying or providing misleading answers can have serious legal consequences and can damage your credibility.
Can you plead the fifth in a deposition?
The general rule is that if you plead the Fifth in discovery, you cannot change your answer later and waive your Fifth Amendment privilege at trial. So, if you plead the Fifth in discovery, whether in writing or in a deposition, you may be stuck with your answer, even if you didn't do anything wrong.
What do you have to say in a deposition?
Answer Only the Question Presented.
Your job as the witness is to make the examiner ask good questions. If you do not understand the question, do not answer and ask the examiner to rephrase. If the examiner makes a statement and then pauses, you do not need to say anything. No question, no answer.
How do you know if your deposition went well?
The opposing attorney seemed satisfied with your answers:
The opposing attorney's demeanor can provide clues about whether they believe your testimony to be credible. If they appear satisfied or pleased with your answers, it's a positive indication that your deposition is going well.
How do you say I don't know in court?
Instead the better practice is to say “I'm not sure” or “I don't know.” If you are unsure about an answer you cannot then answer the question.
Is it OK to say I don't recall in court?
Any answer – even “I don't recall” – must be truthful
First of all, if you say you don't recall, you need to be telling the truth. If you don't “recall” something you've talked or otherwise communicated with people about, it may only be a matter of time before that comes to light and you could face a perjury charge.
What is the silent witness rule?
Procedure by which classified documents are put before counsel, the court, and the jury to be used as evidence at trial, but are not read in open court, so as to avoid making the information public in the interests of national security.
What is the two witness rule?
The "two witness" rule, derived from common law, governs the proof required for a perjury conviction under Section 1621. Weiler v. United States, 323 U.S. 606, 609 (1945). The rule means that a perjury conviction may not rest solely on the uncorroborated testimony of one witness.
What is the missing witness rule?
Missing Witness. If it is peculiarly within the power of the government to produce a witness who could give material testimony, or if the witness would be favorably disposed to the government, failure to call that witness may justify an inference that [his/her] testimony would be unfavorable to the government.
Can you decline being a witness?
No. A witness does not have the same right to avoid testifying as a defendant has. Accordingly, a witness may be forced to testify. The witness may be held in contempt of court if they refuse to testify after being ordered to do so.
What questions do they ask in a deposition?
- What is your full name?
- Have you ever used any other names? Maiden name?
- Do you have any nicknames? What are they?
- What is your date of birth? Where were you born?
- What is your age?
- What is your social security number?
Can lawyers force you to answer yes or no?
The court may order to answer yes/no first before the explanation. The explanation must be relevant to the yes/no answer. The court usually will not allow the witness to wander away from the question that was asked. It is also possible that a seeming yes/no question doesn't have a yes/no answer.
How long after deposition will they settle?
After a deposition, it may take several weeks to several months to receive a settlement. The length of time required will vary depending on how complicated the case is and how much evidence must be obtained. In most cases, the sooner you have your deposition, the sooner you expect to receive your settlement.
Who goes first in a deposition?
Depositions: Who Goes First? he order of depositions of the parties or major witnesses is usually worked out between counsel without substan- tial disagreement. Occasionally, serious conflicts arise because both attorneys perceive a tactical advantage to take the opponent's deposition first.
Do both sides get to ask questions in a deposition?
After the witness is placed under oath, each party is given an opportunity to ask questions and obtain answers about the issues that are raised in the case. Usually, depositions last a maximum of seven hours, but most depositions actually last a bit less than that.